Smithfield Foods, Inc. v. United States

DECISION AND ORDER

RUDOLPH T. RANDA, District Judge.

This negligence action against Defendant United States of America under the Federal Tort Claims Act (“FTCA” or the “Act”), 28 U.S.C. §§ 2671 et seq., arises from a five-day fire at Plaintiff Patrick Cudahy, Incorporated (“Patrick Cudahy”) in Cudahy, Wisconsin. The fire was ignited by a military flare stolen from a California military base.1

The Plaintiffs, Patrick Cudahy, Smith-field Foods (“Smithfield”) — Patrick Cu-dahy’s parent corporation, and Smithfield’s six insurers listed above, allege that the Navy owed a duty to the public, including…